This article addresses two overlapping audiences. We’ve written this article partly as a kind of manual like Mindfulness 1.0 for those who suspect they know little and as a resource to convince skeptical others, and the curious or even skeptical parts of ourselves, that mindfulness deserves its newfound, albeit shaky, respect. What is mindfulness and how can mindfulness help us judge, advocate, and negotiate? Judge Fogel’s writing and his position carry weight with many. This Article adds some of the latest research, including brain imaging and carefully controlled studies. We highlight multiple types of data from dramatic increases in working memory and scores of the Graduate Records Exam for admission to graduate school to changes in the structure and activation patterns of the brain. Such research readily suggests that mindfulness classes for law school applicants, law students themselves, and bar applicants could boost their chances of admission to law school, better grades and opportunities, and bar admission. Skeptical administrations and boards could also see a powerful boost in bar passage, a key factor in the perennial attention to law school rankings.
Clark Freshman, Shauna Shapiro, and Sarah de Sousa,
Mindful “Judging” 1.5: The Science of Attention, “Lie Detection,” and Bias Reduction – With Kindness,
2016 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2016/iss2/4